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Contractors Joint Employers

DirectEmployers Association

OFCCP Week In Review: May 2024 #2

Monday, April 13, 2024: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection - OFCCP published in the Federal Register Notice of a 30-day public comment period...more

Jackson Lewis P.C.

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

Jackson Lewis P.C. on

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #4

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more

Jackson Lewis P.C.

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Baker Donelson

Joint Employer Joint Responsibility: NLRB Issues Final Joint Employer Rule

Baker Donelson on

The National Labor Relations Board (NLRB or the Board) published its long-awaited final joint-employer Rule, after initially publishing the revised Rule for public comment in September 2022. The Rule takes effect on December...more

Miller Canfield

Howdy Stranger, You're My Employee? NLRB Issues Final Rule on Joint-Employer Status

Miller Canfield on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

Jackson Lewis P.C.

What Real Estate Industry Owners, Operators Can Expect From NLRB And DOL Under Biden Administration

Jackson Lewis P.C. on

The concept of “joint employment” is an important workplace legal issue and often arises in the real estate industry because industry employers want to avoid liability for another business’s employees’ legal claims. The risk...more

Manatt, Phelps & Phillips, LLP

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

Sheppard Mullin Richter & Hampton LLP

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Tightening the Screws: Fourth Circuit Establishes New Test for Evaluating Joint Employment Claims Under the Fair Labor Standards...

On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more

PilieroMazza PLLC

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

PilieroMazza PLLC on

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Littler

Bill Seeks to Overturn NLRB's New Joint Employment Standard

Littler on

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, the...more

Snell & Wilmer

Under Construction - September 2015

Snell & Wilmer on

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Baker Donelson

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

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The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

Hinshaw & Culbertson LLP

Joint Employer Standard Expanded: NLRB Overturns 30 Years of Precedent

In a dramatic departure from over 30 years of precedent, the National Labor Relations Board has modified the standard by which it determines whether two entities are "joint employers" under the National Labor Relations Act...more

Seyfarth Shaw LLP

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

Seyfarth Shaw LLP on

In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

Littler

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

Littler on

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to...more

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